District of Columbia

Sustainability - Regulatory Update

• 2013 Final Stormwater Rule2013 Final Stormwater Rule

• Building Code ChangesBuilding Code Changes

• Zoning Changes – Green Area Ration Zoning Changes – Green Area Ration and Minimum Pervious Surface and Minimum Pervious Surface RequirementsRequirements

2013 Final Stormwater Rule

Restoring District Waterbodies for Residents,

Businesses, & Visitors

Agriculture, Industrialization, Urbanization Degradation

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Urbanization Stormwater

Imperviousness in the DistrictImperviousness in the District

• 43% of the District’s land area is impervious.

• A single 1.2 inch storm falling on this area produces about 525 million gallons of stormwater runoff.

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Impact on WaterbodiesImpact on Waterbodies

Stormwater washes trash, sediment, oil, grease, pet waste, and other pollutants into District sewers and waterbodies.

Impact on WaterbodiesImpact on WaterbodiesIts sheer volume erodes stream channels, toppling trees, washing sediment downstream, and severely degrading aquatic habitat.

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Impervious Surface Retrofits Impervious Surface Retrofits Retain runoff on site to mimic natural land cover.

Retention BMPs gradually make District “spongier.”

Essential for long-term restoration of waterbodies.

Regulated Development Key to RetrofitsRegulated Development Key to RetrofitsNew SW regs establish retention standards (2013 rule):

• 1.2” storm retention – Projects disturbing 5k SF land.

• 0.8” storm retention – Renovations over certain size & cost.

Most regulated development in District is redevelopment.

Scale of development makes it biggest driver of retrofits.

Gradual transformation of DC’s 43% impervious land cover.

Annual area retrofitted via Annual area retrofitted via DDOE direct investmentDDOE direct investment

Annual area retrofitted under Annual area retrofitted under SW regs (1% of DC land)SW regs (1% of DC land)

10 : 1

Green Roofs

Stormwater Tree and LID Boxes

Rainwater Harvesting Rainwater Harvesting for Non-potable Usesfor Non-potable Uses

Stormwater Retention Credit Trading

Problem of imperviousness provides opportunity for trading.

Flexibility important to achieving acceptance of strong standards.

Trading can maximize triple bottom line of sustainability:• Maximize cost savings & flexibility for regulated sites.• Increase retention and accelerate restoration of

waterbodies.• Increase socioeconomic benefits, with more LID

(health, aesthetics, environmental justice, green jobs).

SRC market may serve as tool for District to achieve retrofits at lower cost and with greater engagement of private sector.

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TradingTrading’’s Potential to Increase Retentions Potential to Increase Retention

Same retention for 1.2Same retention for 1.2”” storm: storm:

10,000 gallons

Strict On-Site Trading

5,000 + 5,000 =10,000 gallons

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Greater retention for storms smaller than 1.2Greater retention for storms smaller than 1.2””Example – 0.6Example – 0.6”” storm: storm:

90% of storms in Washington DC are less than 1.290% of storms in Washington DC are less than 1.2””..This scenario yields 57% increase in annual retention. This scenario yields 57% increase in annual retention.

5,000 gallons

Strict On-Site Trading

5,000 + 5,000 = 10,000 gallons

TradingTrading’’s Potential to Increase Retentions Potential to Increase Retention

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Benefits to District Waterbodies

Increased annual Increased annual retention District-wide.retention District-wide.

Increased capture of first-Increased capture of first-flush volume.flush volume.

Shift retention BMPs to Shift retention BMPs to most vulnerable most vulnerable tributaries and improve tributaries and improve socioeconomic outcomes. socioeconomic outcomes.

Free to go off site after achieving 50% of required retention on site.

Off-Site Flexibility for Regulated Sites Off-Site Flexibility for Regulated Sites

Two off-site options:

• In-lieu fee (ILF) payment to DDOE = $3.50/gallon/year.

• Use of Stormwater Retention Credits (SRCs).

Off-site volume is an ongoing obligation for property.

SRCs can be banked indefinitely.

Purchased SRCs remain valid if generating site fails.

SRCs from anywhere in the District can be used.

Generation of Stormwater Retention Credits DDOE is sole SRC-certifying authority.

DDOE will certify up to 3 years’ worth of SRCs every 3 years for eligible retention capacity.

Retrofit sites not permanently obligated to that use:• No maintenance covenant required.

• Maintenance obligation can be ended by forfeiting SRCs or purchasing replacement SRCs for DDOE to retire.

Retrofits must be maintained for period of SRC certification or until obligation ended.

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Example SRC Transaction Grocery parking lot voluntarily installs 4,000 gal bioretention

to generate 3 years of SRCs or 12,000 SRCs.*

Church parking lot voluntarily installs 2,000 gal bioretention to generate 3 years of SRCs or 6,000 SRCs.

Regulated site has 3,000 gal yearly offsite obligation & purchases total of 18,000 SRCs to comply for 6 years.

By end of 6-year period, regulated site purchases additional credits or pays in-lieu fee.

*Note: Opportunity for discount on stormwater impervious fee provides layered incentive for retrofit.

*SRC value based on projected cost to recoup costs, not market analysis. Costs include capital, maintenance, land, and return on investment.

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Potential Financial ReturnPotential Financial Return

Projected 10-Year Financial Return – Stormwater GI (1.2 in. retention) for 1,000SF Impervious

 Discount

Rate 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022

10-Year Total

DC Water Max. Discount 4% $5 $6 $8 $10 $11 $12 $13 $14 $15 $15 $107

DDOE Max. Discount 55% $18 $18 $26 $26 $26 $26 $33 $33 $33 $33 $273

Projected SRC Value* $1.25 $888 $917 $949 $981 $1,014 $1,048 $1,083 $1,120 $1,158 $1,197 $10,354

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Transition PlanTransition Plan

Transition Period 1 ends

Final Rule Published

Transition Period 1 180 days

Transition Period 1Transition Period 1 Regulated projects comply with existing regulations.Regulated projects comply with existing regulations. Tied to submittal of first SW Management Plan as part Tied to submittal of first SW Management Plan as part

of building permit application process.of building permit application process.

July 19, 2013 January 15, 2014

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Transition Period 1 ends

Transition Period 2B 545 Days

Final Rule Published

Transition Period 1 180 days

Transition Period 2A 365 Days

Transition Period 2A

ends

Transition Period 2B ends

Transition Period 2A and 2BTransition Period 2A and 2B Minimum on-site retention requirement waived.Minimum on-site retention requirement waived. Entire retention volume may be achieved off site.Entire retention volume may be achieved off site.

July 19, 2013 January 15, 2014

January 15, 2015

July 14, 2015

Transition PlanTransition Plan

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Fully Effective – Except:1) Certain projects (“Advanced Design”) with unexpired approval by

Zoning Com. or NCPC - Subject to TP when application submitted.

2) Additional grounds for on-site relief for projects with unexpired approval (from HPRB, CFA, BZA, DCOP, NCPC) that conflicts with on-site BMP – If application submitted prior to end of TP2A/TP2B.

Transition Period 1 ends

Transition Period 2B 545 Days

Final Rule Published

Transition Period 1 180 days

Fully effective for Major Land Disturbing Activities

Transition Period 2A 365 Days

Fully effective for Major Substantial

Improvements

Transition Period 2A

ends

Transition Period 2B ends

January 15, 2014

January 15, 2015

July 14, 2015

Transition PlanTransition Plan

Greening the District’s Building Codes

Goals

Green the construction code to the maximum extent practicable.

Codify the best practices currently followed by green building leaders in the District.

Compliance Paths

Green Building Act Int’l Green Construction Code (IgCC) ASHRAE 189.1 LEED Green Communities National Green Building Standard

Code Summary - Scope

Covers all commercial projects (10,000 SF and larger)

Covers multi-family residential 4 stories and larger (and 10,000 SF and larger)

Transitory Provisions for the Revised Codes

Exceptions (Section 123 Building Code)

Projects with existing building permits

Projects with existing design contracts or existing filed application

Tenant layout permits for previously built Core and Shell buildings

GREEN AREA RATIOREGULATION

Green Area RatioWhat is it? A flexible green site

design requirement that varies by zone.

How Achieve? Choose from a range of

environmental landscaping practices each of which have been assigned an environmental performance ranking.

Examples may include… Impermeable pavement Impermeable roof Un-vegetated permeable

pavement Vegetated permeable pavement Green roofs Natural ground cover Rain gardens Trees & shrubs Green facades

GAR: How Does it Work?

How to calculate: Add up landscape elements

by number or size # trees Size of green roof Size of rain garden # of plants Soil depths

Divide by lot area

= GAR score

Pervious surface requirements

Landscaping for parking lots

RELATED ZONING REQUIREMENTS

Pervious Surface Requirements

In zones R-1 through R-4 Applies when increasing existing lot occupancy by 10%+

or 25%+ for historic structures Pervious = grass; mulched groundcover; plants; trees;

permeable pavers; and decks or porches

Landscaping for Surface Parking

Minimum 10% of lot landscaped Landscape end islands of 9+ spaces Trees must be min. 2.5” dbh at planting Plant 4’ from protective barriers Special exceptions if impracticable

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QUESTIONS?QUESTIONS?Jeff SeltzerJeff Seltzer

202-535-1603202-535-1603Jeffrey.Seltzer@dc.gov

To download the District’s Final Rule and Stormwater Management Guidebook, To download the District’s Final Rule and Stormwater Management Guidebook, & related resources, visit:& related resources, visit:

ddoe.dc.gov/swregsddoe.dc.gov/swregs

For additional information on the Green Area Ratio visit:For additional information on the Green Area Ratio visit:

ddoe.dc.gov/garddoe.dc.gov/gar

For additional information on the Green Building Codes:For additional information on the Green Building Codes:

ddoe.dc.gov/greenbuildingsddoe.dc.gov/greenbuildings